Federal Court of Appeals Says First Amendment Does Not Trump College Players’ Right of Publicity in Video Games

By Richard T. Karcher, Professor of Law at Florida Coastal School of Law   On May 21, 2013, the Third Circuit Court of Appeals issued its ruling in Hart v. Electronic Arts that the First Amendment is not a defense to college players’ right of publicity claim in the context of video game use of their likenesses, thus allowing the players’ claim to proceed.   In a 62-page opinion, the court of appeals began its analysis noting that video games enjoy the full force of First Amendme